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May 6, 2009

Torture Reform

According to a recent Associated Press report, the Justice Department investigation into the lawyers who sanctioned so-called "enhanced interrogation" techniques is only recommending disciplinary action by their local Bar Associations.  Not only did John Yoo and Jay Bybee create memos allowing for torture to occur, but they apparently have never seen Judgment at Nuremberg.  According to the Third Geneva Convention, "no physical or mental torture, nor any other form of coercion" can happen to any prisioner. 

Arguments have been focused on the first part of this clause stating "no physical or mental torture," but the second bans any other form of coercion.  People are arguing about if it was torture.  The real test is whether or not it is coercion which would have a lesser threshold.  Waterboarding certainly fits the criteria for coercion; "the use of force or intimidation to obtain compliance."  These lawyers who wrote the memos outlining how these techniques should at least face disbarment and if Attorney General Eric Holder decides, criminal charges.  Authorizing torture is a crime and just "following orders" is not an excuse.

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